Is the City being truthful in saying it has to enact these zoning ordinances?

In May, 2009, the City Council is proceeding to enact zoning ordinances giving the casinos everything they want.  This is being spearheaded by Councilman Frank DiCicco and supported by Mayor Michael Nutter.

One could disagree with the Councilman and Mayor on policy, but that’s not what’s going on here.  These politicians are saying publicly that they have no choice because the State is mandating this and because they’ve lost numerous lawsuits, etc.  Those justifications are false.  There is no requirement that he lay down a CED zoning ordinance on Market Street.   The Court required the City to lay down the CED on the waterfront sites because:  (1) the PGCB selected those sites; and (2) the casinos met the terms of the generic CED. Neither of those conditions exists at Market Street.

Further, even if the City was required to grant zoning for Foxwoods on Market and for SugarHouse’s horrible redesign (and there is no such requirement), there is no reason the City has to give them “by-right” zoning.   For instance, if a tattoo parlor or a check cashing store wanted to open in almost any commercial area in the city, the Zoning Code would require the applicant to go to the Zoning Board of Adjustment and demonstrate that, among other things, it would not increase traffic, not adversely affect schools and not adversely affect public health and safety.  Why don’t the Councilman and Mayor hold a slots parlor to at least the same standard as a tattoo parlor or check cashing store (so we could put these casinos under oath at the ZBA and cross examine them about their projects)?

Here is the truth and matter, plainly and simply:  Councilman DiCicco and Mayor Nutter are helping SugarHouse and Foxwoods salvage their projects by saving hundreds of millions of dollars in construction costs for two projects that, as originally designed and approved, are not capable of obtaining financing in these economic times.  Hold them to the original proposals!  Yes, Councilman and Mayor, do us a favor:  just do nothing.